Please explain the ground for which the Maternity Leave cannot be availed or is not eligible for
From India, Ahmadabad
734From India, Ahmadabad
Hi, Could you pls let me know the exact date your going to plan for Maternity Leave. So the forum will help you. B Janga Reddy
From India, Hyderabad
From India, Hyderabad
Well, I do not think any company will provide you paid leaves in this situation as you have just started working there. Also, most often companies offer maternity leaves to the employees who have already completed at leat 1 year with the company.
So, in short employer will not allow the paid leave to you but can ask you to leave and will look for other resource.
What, you can do is to request your employer to offer you some flexibility in work and allow you to work from home, if they find you really very skilled and don't want to lose then hopefully they will allow for the same.
From India, Lucknow
So, in short employer will not allow the paid leave to you but can ask you to leave and will look for other resource.
What, you can do is to request your employer to offer you some flexibility in work and allow you to work from home, if they find you really very skilled and don't want to lose then hopefully they will allow for the same.
From India, Lucknow
Hello,
First of all, please note that the leave that you need cannot be termed as "Maternity Leave". ML is granted to a female employee who is in advanced state of pregnancy or has undergone (unfortunate) miscarriage, with specific ceilings for each. The leave that you require is a normal kind of leave (probably by producing a medical certificate necessitating absence from duty), which is to be treated based on normal leave rules of your organization. At the best, you can get leave with pay to the extent of credit available, followed by leave without pay. Since you are in probation, there is a possibility that your probation may be extended.
I suggest that you convince your management to permit you to be absent for the specified period by providing proper records. If you look from the organization point of view, there will be loss of productivity, extra expenses (to employ a temporary person during your absence) etc. In my opinion, your organization is definitely empathetic towards you and this should be appreciated by you by not extending your leave of absence and rejoining duty.
From India, Bangalore
First of all, please note that the leave that you need cannot be termed as "Maternity Leave". ML is granted to a female employee who is in advanced state of pregnancy or has undergone (unfortunate) miscarriage, with specific ceilings for each. The leave that you require is a normal kind of leave (probably by producing a medical certificate necessitating absence from duty), which is to be treated based on normal leave rules of your organization. At the best, you can get leave with pay to the extent of credit available, followed by leave without pay. Since you are in probation, there is a possibility that your probation may be extended.
I suggest that you convince your management to permit you to be absent for the specified period by providing proper records. If you look from the organization point of view, there will be loss of productivity, extra expenses (to employ a temporary person during your absence) etc. In my opinion, your organization is definitely empathetic towards you and this should be appreciated by you by not extending your leave of absence and rejoining duty.
From India, Bangalore
As per the Act , Maternity benefit Act , 1961 - Eligibility , women has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. Six weeks before and six weeks after the delivery.
Let's be clear it's nothing to do with probation - While in probation if you are deducted ESIC and remitted to ESIC office and worked for 80 days in the 12 months , then you will be eligibile for Maternity leave with Paid leaves and Maternity Act has nothing to with Probation period.
Hope it's clear
From United Kingdom, London
Let's be clear it's nothing to do with probation - While in probation if you are deducted ESIC and remitted to ESIC office and worked for 80 days in the 12 months , then you will be eligibile for Maternity leave with Paid leaves and Maternity Act has nothing to with Probation period.
Hope it's clear
From United Kingdom, London
Dear Concerned
Your question is valid. Please note that if the company has started deducting ESI and PF from the date of your joining, you are entitled for the esi benefits as per act. It is the question of Maternity Leave not Leave as Leave policy is different from this. You will get your payment from ESI for your absenting duty from the work for that employer has to certify the you are on Loss Of Payment from the company.
If you have any doubt, you can visit ESI office near to your home town and can the GO
From India, Chennai
Your question is valid. Please note that if the company has started deducting ESI and PF from the date of your joining, you are entitled for the esi benefits as per act. It is the question of Maternity Leave not Leave as Leave policy is different from this. You will get your payment from ESI for your absenting duty from the work for that employer has to certify the you are on Loss Of Payment from the company.
If you have any doubt, you can visit ESI office near to your home town and can the GO
From India, Chennai
Hi,
As you have mentioned in your question, you have worked for only one month before the Doctor advised you bed rest for 6 weeks. In this case please note :-
1. The probationers are not entitled for paid leave except Casual Leave on prorata basis.
2. Maternity Leave has nothing to do with Probationer or Trainee. As rightly informed earlier, you should have worked for atleast 80 days in a calender year prior to the expected date of delivery AND the maternity leave is allowed for pre-natal and post-natal care of mother and the child. Though it is not always the case that it is given for 6 weeks before and 6 weeks after the expected date of delivery. It may vary depending upon the advise of Doctor or need of the female employee. There is provision of special leave upto one month beyond the period of 12 weeks on the specific recommendation of Doctor.
So I feel that your query has been answered to your satisfaction by all.
Best wishes.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
As you have mentioned in your question, you have worked for only one month before the Doctor advised you bed rest for 6 weeks. In this case please note :-
1. The probationers are not entitled for paid leave except Casual Leave on prorata basis.
2. Maternity Leave has nothing to do with Probationer or Trainee. As rightly informed earlier, you should have worked for atleast 80 days in a calender year prior to the expected date of delivery AND the maternity leave is allowed for pre-natal and post-natal care of mother and the child. Though it is not always the case that it is given for 6 weeks before and 6 weeks after the expected date of delivery. It may vary depending upon the advise of Doctor or need of the female employee. There is provision of special leave upto one month beyond the period of 12 weeks on the specific recommendation of Doctor.
So I feel that your query has been answered to your satisfaction by all.
Best wishes.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
Dear, according to section 5 of The Maternity Benefit Act 1961, any woman employee (Regular, probationer or trainee) who works for 80 days in the preceding 12 months immediately preceding the date of her expected delivery shall become eligible to have maternity benefit under this Act. As you have been advised for bed rest, you can apply for this too. According to section 10 of the maternity benefit act, employee in case of illness arising out of pregnancy, delivery, premature birth of a child, on production of such proof as may be prescribed, be entitled for the additional leave with pay for a maximum period of one month.
regards
Jaspal
Indian Navy
From India, Mumbai
regards
Jaspal
Indian Navy
From India, Mumbai
Dear friends,
Here is a case law which advocate maternity benefits even when the service conditions said Maternity Act not applicable to an employee. Though the case law doesn't fully answer to the 80 days service criteria but relevance to the Fundamental Rights is being dealt wrt to pragnant woman's right to safety.
Let us discuss this - what if the pregnancy is jeopardized due to non-grant of her "rest" leave who would stand to the test of law wrt to the consequences when the unwanted incident were to be taking place in the work place, during the person on duty ? Probably this question is being dealt in this case law. Pl.go thro' the attachment. Though the Maternity Act does not say for those have <80 days service ML shouldn't be granted, it may be right to consider her ensuing service after the leave days going by the Constitutional provisions as considered in the case law.
From India, Bangalore
Here is a case law which advocate maternity benefits even when the service conditions said Maternity Act not applicable to an employee. Though the case law doesn't fully answer to the 80 days service criteria but relevance to the Fundamental Rights is being dealt wrt to pragnant woman's right to safety.
Let us discuss this - what if the pregnancy is jeopardized due to non-grant of her "rest" leave who would stand to the test of law wrt to the consequences when the unwanted incident were to be taking place in the work place, during the person on duty ? Probably this question is being dealt in this case law. Pl.go thro' the attachment. Though the Maternity Act does not say for those have <80 days service ML shouldn't be granted, it may be right to consider her ensuing service after the leave days going by the Constitutional provisions as considered in the case law.
From India, Bangalore
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf